JUDGMENT :

Surinder Singh, J.

Vide order dated 29.2.2008, the second appeal was admitted on the following substantial questions of law:

1. Whether the learned first appellate Court below erred in appreciating the provisions of law applicable, pleadings of the parties and evidence adduced by them, thereby vitiating the impugned judgment and decree?

2. Whether the document exhibit PW1/A gift deed is not a valid document in view of non-delivery of the possession of the disputed property?

2. The facts giving rise to the present appeal, in brief, can be stated thus. The parties to the appeal belong to the same family. Respondent Tilak Raj and the donor of the suit property namely, Tehsildar (now dead) were the real brothers. Said Shri Tehsildar is stated to have executed the gift deed Ext.PW-1/A dated 24.6.1981 in favour of Respondent/plaintiff Tilak Raj qua his shore which was got registered on 10.7.1981. The mutation was got entered on the basis of this gift deed, but the revenue officer rejected the same and attested the mutation in favour of the parties to the suit on the basis of inheritance. Respondent/plaintiff Tilak Raj filed the suit for declaration to the effect that he has been i